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HomeMy WebLinkAbout1974_05_07 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 7, 1974, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Acting Chairman at 8:30 P.M. ROLL CALL Present: Mr. Egbert R. Hardesty, Acting Chairman Mr. Andrew W. Boraczek Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Richard F. Eggers Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 27, 1974 were presented and on motion duly made and seconded, approved as submitted . PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Hardesty explained to the applicants that because only three members were present their applications would have to be approved unanimously and they had the privi- lege of withdrawing their application to another meeting without penalty. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 401 Application of Mr. Charles Reidy for modification of Ar- ticle IV Section 410 Schedule of Residence District Regu- lations for an R-6 Residential District so as to allow the construction of a two story addition at the southerly side of the dwelling having a front setback of 20 feet from Weaver Street instead of the minimum required front setback of 30 feet on the premises located at 33 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 188 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Reidy presented his application to the Board and stated that his reason for putting the addition in the proposed location was because the house was originally built close to the property line. The applicant said that the house is presently only 16 feet back from the property line and if he constructed the proposed addition at the rear of the house he would not have proper access to the new rooms from the inside. Mr. Reidy, in his application, said that if the addition was set further back it would not meet the roof line and the lines of the house would not be kept in proper prospective. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Hardesty - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution was duly adopted: WHEREAS, Mr. Charles Reidy has submitted an application for a building permit to the Build- ing Inspector to allow the construction of a two story addition at the southerly side of the dwelling having a front setback of 20 ft. together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District which requires a minimum front setback of 30 ft. on the premises located at 33 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 188; and WHEREAS, Mr. Charles Reidy has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . If addition was set further back it would not meet the roof line. 2. If the proposed addition was con- structed at the rear of the house it would not permit proper access to the new rooms from the inside. 3. The proposed location will keep the lines of the house in proper pro- spective. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE , BE IT RESOLVED, that this Board granted the appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That said circumstances and/or conditions are as follows : 1 . The proposed addition will not extend beyond the present front setback any further than it does at present. 2. The proposed location is the most feasible. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District so as to allow the construction of a two story addition at the southerly side of the dwell- ing having a front setback of 20 ft. instead of the minimum required front setback of 30 ft. on the premises located at 33 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 188 in strict conformance with the plans filed with this application provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the second ap- plication. APPLICATION NO. 2 - CASE 402 Application of Mr. Robert S. McCoy for modification of Article IV Section 421 .4 Walls and Fences of the Zoning Ordinance which restricts heights of fences in a Residen- tial District to 4 feet so as to allow the installation of 80 lin. ft. of 6' high wood fence along the rear pro- perty line on the premises located at 24 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 58 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. McCoy presented his application to the Board and showed photos of his rear yard with a copy of the Tax Map indi- cating the properties in the area. The applicant pointed out that his lot was one of the smaller ones in the area and that the property in the rear slopes to his lot. Mr. McCoysaid that the existing 6' high chain link fence is on the Maffucci ' s property and dates back to the farm which originally occupied the site. It was pointed out that the fence is in a deteriorating condition. A question was raised by the Board members as to exactly where Mr. McCoy wanted to erect the proposed fence and it was pointed out that there would be a distance of about 12" between the existing chain link fence and the proposed wood fence. The applicant said that both the Maffucci 's and the McCoy's each own dogs and because of this , the strip on the side of the fence has become an unsightly, muddy runway preventing the establishment of any sort of planting. Mr. McCoy said it was their intention to improve their back yard and he did not think the chain link fence was attractive. Members of the Board felt that the space between the two fences would create a hazard for children and animals and cause a maintenance problem as far as leaves, debris, etc. Dr. Emil Maffucci of 24 Dimitri Place, who is the only neighbor effected by the proposed fence presented a letter to the Board and spoke expressing his objection to the fence in question. Dr. Maffucci said he did not like fences at all and when the existing fence comes down he does not intend to replace it. After further discussion Mr. Hardesty asked for a recess. When the Board returned a vote was taken on the applica- tion and the result was as follows : v N Commissioner Hardesty - Nay Commissioner Boraczek - Nay Commissioner Bodkin - Nay The application was therefore denied and the following Resolution duly adopted: WHEREAS, Mr. Robert S. McCoy has submitted an application for a building permit to the Building Inspector to allow the installation of 80 lin. ft. of 6' high wood fence along the rear property line together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance which restricts heights of fences in a residential district to 4 feet on the premises located at 24 Dante Street and known on the Tax Assessment Map of the Town of Mama- roneck as Block 121 Parcel 58; and WHEREAS, Mr. Robert S. McCoy has submitted an application for a variance on the grounds of practical difficulty and/or unnecessary hardship for the following reasons : 1 . Because the applicant and his neighbor each own a dog, the strip on each side of the existing fence is unsightly and has prevented the establishment of any sort of low planting. 2. The applicant feels that the situation interferes with the full use and enjoyment of his property. 3. The applicant also feels that a six foot grey-stained sapling fence would be in much better proportion to the existing chain link fence than the four foot high fence per- mitted by the Ordinance. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the applica- tion on the following grounds: 1 . The Board felt that the space between the existing fence on the Mafffucci 1 property and the proposed fence would create a hazard for children and ani- mals and cause a maintenance problem as far as leaves, debris, etc. 2. That there were no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the dis- trict. 3. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 4. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the neighborhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman asked the Secretary to read the last appli- cation. APPLICATION NO. 3 - CASE 403 Application of Dr. Barry Singer for modification of Ar- ticle IV' Section 410 Schedule of Permitted Accessory Uses in a Residential District of the Zoning Ordinance so as to allow the construction of a family swimming pool to be located in the side yard 13 feet from side property line instead of the required minimum side yard of 15 feet and a separation distance of 10 feet from the dwelling instead of the required 15 feet on the pre- mises located at 39 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 144 on the grounds of practical difficulty and/ or unnecessary hardship. Dr. Singer presented his application to the Board and stated that the reason they had let their previous var- iance expire was because he had been ill . The Chairman pointed out to Mr. Bodkin, who is a new member, that the Board had approved the same application at a meet- ing on June 6, 1973 but Dr. Singer had not obtained the permit within the three months of the filing of the Reso- lution and the variance had therefore expired. Dr. Singer stated that they were asking for the pool t ��l� to be located in the side yard because the contractor advised that the proposed location was the most practi- cal and the property at the rear has a steep slope to the pond. The applicant pointed out that the adjoining property owned by the Town is used as an open area and therefore the proposed pool will not effect private pro- perty. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Hardesty - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Dr. Barry Singer has submitted an application for a building perimit to the Build- ing Inspector to allow the construction of a family swimming pool to be located in the side yard 13 feet from the side property line and a separation distance of 10 feet from the dwelling together with plans ; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article IV Section 410 Schedule of Permitted Accessory Uses in a Residential District which requires a mini- mum side yard of 15 feet and a separation dis- tance of 15 feet on the premises located at 39 Country Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 315 Parcel 144; and WHEREAS, Dr. Barry Singer has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . Because of the topography of the lot the proposed site was the most logical . 2. There is a steep slope at the rear and the side yard adjoins property owned by the Town which is used as an open area. WHEREAS, this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1 . Because of the steep slope at the rear the pool has to be placed in the side yard. 2. The side yard adjoins the Town Park Area and pri- vate property will not be effected. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Permitted Accessory Uses in a Residential District of the Zoning Ordinance so as to allow the construction of a family swimming pool having a side yard of 13 feet from side property line and a separa- tion distance of 10 feet from the dwelling on the premises located at 39 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 144 and in strict conformance with plans filed with this application provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:30 P.M. _1 R'i a A. Johnso , Secretary